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C. This Amended Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. D. This Amended Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Amended Agreement shall not be effective unless signed by the Developer and the County. E. The obligations of the Developer to this Amended Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the Project. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Waterway Village or any portion thereof, nor shall the County delay or withhold any other required permits, due to the County's failure to perform any obligation described herein, provided that the Developer is in compliance with this Amended Agreement, all other elements of the Amended and Restated Development Order and applicable laws and regulations. G. Except as described herein and in the Amended and Restated Development Order, the County shall not require the Developer to construct, contribute to, or share in the costs of any off-site improvements other than the payment of or credits toward applicable impact fees. H. This Amended Agreement and all matter arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. I. This Amended Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Amended Agreement. J. Whenever the singular number is used in this Amended Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. K. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Amended Agreement. RM:7031940:9 Page 11 of 14